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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On July 2, 2013, the Defendant was sentenced to 8 months of imprisonment for fraud, etc. and 6 months of imprisonment with labor at the Changwon District Court Msan Branch on March 18, 2014, and completed the execution of the above sentence.
[2015 Highest 1751]
1. On March 17, 2015, the defrauded of the price for the Internet goods posted a false statement on the website of the Internet “Sgallon site” in the Seocho-gu, Changwon-si, Changwon-si, stating that the Defendant would send Samsung Gallon 4 mobile phones when remitting the price for the goods to the victim D who reported and contacted this article.
However, even if the defendant receives money from the mobile phone, he did not have the intention or ability to sell the aforementioned mobile phone.
The Defendant, as such, by deceiving the victim, received KRW 430,00 from the victim to the Agricultural Cooperative (F) account in the name of E as the price for mobile phone goods at around 22:44 on the same day, and from March 22, 2015, received a total of KRW 1,640,000 from that time by the following methods: (a) from March 22, 2015:
Accordingly, the defendant was provided property by deceiving the victims.
2. Fraud of advanced payments to victims G;
A. The Defendant: (a) reported on the website that “Alcheon Marine Business Co., Ltd. in the Department of Present Heavy Industries Co., Ltd. will find a worker in office who will work as a satisfaction at H; and (b) contacted the victim, on January 31, 2015, the Defendant concluded that, “Alcheon Marine Business Co., Ltd. in the Department of Present Heavy Industries Co., Ltd., Ltd., will arrange a lodging at the front of the J Hospital located in J Hospital in Changwon-si, Changwon-si, Changwon-si, who pretended to be his/her own as K, and that, “I would promptly arrange a lodging at the front of the J Hospital located in Changhae-si, Changwon-si, Changwon-si, and make two persons who would be his/her own.”
However, even if the defendant received wages in advance from the victim, he did not have the intent or ability to work for the victim's business.
The defendant deceivings the victim and is under his control.